Holiday home licences and regulations

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Holiday home licences and regulations

If you decide to rent out your holiday home while you're not in residence then it's important to know the legal ins and outs of any rental activity in your chosen country. Regulations vary from country to country, even on a regional level, so be sure to do your research.

If you need pointing in the right direction, then take a look at the advice below for both potential and current owners. While we strive for this information to be as up-to-date as possible, it is important that you enquire further in your specific area.

  • Employ a reputable solicitor in the area where you have decided to purchase your holiday home. They will know, or be able to find out, the legislation or requirements in that particular region and be able to give you solid advice.

  • Your solicitor will be able to identify and verify any clauses or covenants within the property deeds that relate to short-term rentals (i.e., less than three months) within your complex or resort. They will also be able to advise you of any local or national regulations which govern such rentals.

  • You can also contact your local authority with regards to the need locally for a "tourism licence". In most cases this will be the Town Hall. They will also be able to inform you of the application process and current "licence" availability.

  • Contradictions regarding legal requirements and "licences" exist, so we recommend checking the situation with your solicitor.

  • You need to be aware of taxation rules in your chosen country and declare any rental income earned. If you are a UK resident, then you will also need to declare it to the UK tax authorities. There are "double taxation treaties" in place between the UK and many countries, which take this into account and off-set tax already paid, so be sure to check these out.

  • If you are renting out property in Florida, then you need to be aware of what are known as "zoning rules" which govern land usage and short-term rentals.

  • There are two types of holiday property recognised in Spain - apartamentos turĂ­sticos ("tourist apartments") and viviendas vacacionales ("holiday homes"). Again, it is important to be aware of which category your property falls into and of any legal implications.